ASC Payment Transparency Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3433 To amend title XVIII of the Social Security Act to provide for ambulatory surgical center representation during the review of hospital outpatient payment rates under part B of the Medicare program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 24, 2019 Mr. LARSON of Connecticut (for himself and Mr. NUNES) introduced the fol- lowing bill; which was referred to the Committee on Energy and Com- merce, and in addition to the Committee on Ways and Means, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend title XVIII of the Social Security Act to provide for ambulatory surgical center representation during the review of hospital outpatient payment rates under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ambulatory Surgical 4 Center Payment Transparency Act of 2019’’ or the ‘‘ASC 5 Payment Transparency Act of 2019’’. 6 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3433.IH H3433 kjohnson on DSK79L0C42 with BILLS 2 •HR 3433 IH SEC. 2. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAY- 1 MENT REPRESENTATION. 2 (a) ASC REPRESENTATIVE.—The second sentence of 3 section 1833(t)(9)(A) of the Social Security Act (42 4 U.S.C. 1395l(t)(9)(A)) is amended by inserting ‘‘and at 5 least one ambulatory surgical center representative’’ after 6 ‘‘an appropriate selection of representatives of providers’’. 7 (b) EFFECTIVE DATE.—The amendment made by 8 subsection (a) shall apply with respect to advisory panels 9 consulted on or after the date that is 1 year after the date 10 of the enactment of this Act. 11 SEC. 3. REASONS FOR EXCLUDING ADDITIONAL PROCE- 12 DURES FROM ASC APPROVED LIST. 13 Section 1833(i)(1) of the Social Security Act (42 14 U.S.C. 1395l(i)(1)) is amended by adding at the end the 15 following: ‘‘In updating such lists for application in years 16 beginning with the second year beginning after the date 17 of the enactment of this sentence, for each procedure that 18 was not proposed to be included in such lists in the pro- 19 posed rule with respect to such lists and that was subse- 20 quently requested to be included in such lists during the 21 public comment period with respect to such proposed rule 22 and that is not included in the final rule updating such 23 lists, the Secretary shall cite in such final rule the specific 24 criteria in paragraph (b) or (c) of section 416.166 of title 25 42, Code of Federal Regulations (or any successor regula- 26 VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3433.IH H3433 kjohnson on DSK79L0C42 with BILLS 3 •HR 3433 IH tion), based on which the procedure was excluded. If para- 1 graph (b) of such section is cited for exclusion of a proce- 2 dure, the Secretary shall identify the peer-reviewed re- 3 search, if any, or the evidence upon which such determina- 4 tion is based.’’. 5 Æ VerDate Sep 11 2014 23:21 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3433.IH H3433 kjohnson on DSK79L0C42 with BILLS